United States v. Donald A. Jackson

EUGENE A. WRIGHT, Circuit Judge:

We must decide whether an enrolled member of the Confederated Tribes of the Umatilla Reservation (tribe), who hunted on the reservation in violation of a tribal ordinance, may be prosecuted in federal court under 18 U.S.C. § 1165 which provides:

Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any . Indian tribe, ... for the purpose of hunting, . . shall be fined not more than $200 or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited.

Jacks…